Kimye was not pleased after Hurley posted video of their October marriage proposal at AT&T Park in San Francisco to his new video-sharing website
, MixBit, claiming he violated the confidentiality agreement.

But Hurley has just filed docs of his own, syaing that, “NO ONE ever told him he wasn’t allowed to shoot or distribute the footage,” according to TMZ.

“Chad says … after the proposal, someone did approach him with a waiver and told him it was a release so they could use his image in a TV special .. and he signed the doc without reading it,” reports TMZ. “But still, Chad says he shouldn’t be legally bound by the waiver because he was misled into signing it and he got no compensation in return for signing away his rights.”

Hurley, who also posed for a pic with the signed form at the request of Kimye’s crew, is asking the judge to throw out the case and requesting Kardashian and West pay for his legal fees — not that he can’t afford it.

Kardashian and West are seeking unspecified damages from Hurley and his company, Avos Systems Inc.

“Exclusive rights, such as those sold by plaintiffs to publication of video of the event, are particularly valuable,” states the couple’s initial lawsuit. “If people violate these rights … they are of substantially diminished value.”